Law: Guardians and Wards Act, 1890

Section: 12,25,47

Law: Family Courts Act, 1964

Section: 14

Guardians and Wards Act (VIII of 1890)--- ----Ss.12, 25 & 47---Family Courts Act (XXXV of 1964), S.5, Sched. & S.14---Suit for custody of minors by father---Visitations rights of the father---Scope---Guardian Court granted visitation rights to father for meeting children twice a month-- Father moved the Court again for handing over interim custody of children during school summer vacations---Guardian Court partially accepted the application against which father preferred appeal---Appellate Court passed order regarding interim custody to father adding considerable period of summer, winter and spring vacations and also on occasions of Muharram, both Eids and birthdays of minors as well as father's---Mother objected both revised schedules passed by Trial Court as well as Appellate Court---Order passed on application under mien S.12 of Guardians and Wards Act, 1890---Extent---Jurisdiction of Family Court---Scope---Right of appeal---Scope---Petitioner/mother contended that earlier order of visitations rights of father to meet twice a month passed under S.12 of Guardians and Wards Act, 1890 was final, which being interim in nature, was neither reviewable nor appealable in terms of S.47 of Guardians and Wards Act, 1890---Father asserted that Trial Court had ample powers to modify or review its earlier order in the interest of justice and provisions of Guardians and Wards Act, 1890 could not be read in isolation and combined reading of Family Courts Act, 1964 had made the decision of Family Court under Family Courts Act, 1964 appealable in terms of S.14 of the said Act---Validity---Provisions of Guardians and Wards Act, 1890 could not be read in isolation because the legislature, by design, had brought the disputes relating to the guardianship, within the purview of First Sched. of S.5 of the Family Courts Act, 1964, therefore, all the affairs relating to the guardianship would be exclusively triable by the Family Court under the Family Courts Act, 1964 because the statute which was later in time would prevail---In terms of S.14 of Family Courts Act, 1964 while excluding an interim order, a decree or decision given by the Family Court would be appealable---High…

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